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Terms and Conditions

General terms and conditions of business

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Last Updated: August 28, 2020

Welcome to www.FS.com (“Site”), which is owned and operated by FS.COM, Inc. (hereinafter referred to as “FS”, “we”, “our”, or “us”). These Terms and Conditions (these “Terms”) govern your use of the Site and purchase of products, solutions, and services through the Site.

  • Introduction
  • Products, Solutions, and Services
  • Intellectual Property Rights and License
  • Intellectual Property Complaints
  • Personal Information
  • Price and Payment
  • Delivery Terms
  • Warranty; Returns; Limited Remedy
  • Timing of Warranty Claim
  • Limited and Exclusive Remedy
  • Disclaimer of Other Warranties
  • Limitation of Liability
  • Site Access
  • Indemnification
  • Third-Party Links
  • Communications and Feedback
  • Export and Import Licenses
  • General
  • Contact Us

Introduction

This is a binding contract between you and FS. By accessing and using the Site, you accept and agree to be bound by these Terms, including the FS policies referenced and incorporated herein. You may not access or use the Site or any of the features available through the Site unless you agree to these Terms. Please read these Terms carefully. You may not proceed to the Site until you have read these Terms and accepted them. Your use of the Site constitutes acceptance of these Terms.

FS may periodically modify these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site.

Products, Solutions, and Services

We provide optical technology products (including transceivers, switches, cables, accessories, and etc.), optical technology solutions based on those products, and related services through the Site. Through the Site, you can purchase products for personal or business use by adding products to the shopping cart, checking out and making payment using one of the payment methods below to conclude the order. A confirmation email will be sent to the email address you provide.

You can also purchase products and solutions for resale, for example, customized label or package solutions for resale, upon authorization from FS. Contact us for custom or special orders. Unless otherwise provided in writing, these Terms will apply to such orders.

The products, solutions, services, and content available through the Site are subject to change and, in some cases, may be subject to additional terms. FS will notify you of these additional terms in connection with the applicable product or service. Some of the features of the Site may require you to create a user account, and if you access the Site through a mobile network provider’s messaging, data and other fees may apply.

Intellectual Property Rights and License

Ownership of Intellectual Property

All of the content and materials, including website design, aesthetic features, color scheme, visual elements and images, and the sequence and arrangement of visual elements on the website, available on, or accessed through, our Site, are protected by copyright and other applicable intellectual property laws and are owned by FS or its licensors or licensees. Further, all trademarks or service marks, including the FS and design logo, FS.COM and design logo, trade names, trade dress, and other indicia identifying the Site and our products, solutions, and services, and all brand names of products offered for sale on the Site (collectively, the “Marks”) are owned by FS and/or the applicable brand owners. Except for the limited license below, you do not obtain any rights in the Marks or in any of the products, services, or solutions available on the Site by your use of the Site. All rights in the Site and its content and the products, solu- tions, and any service deliverables are reserved to their respective owners.  

For custom or special orders in which you provide marks to be applied to customized products or packaging, you retain all rights and goodwill in such marks. 

Limited License and Restrictions

Subject to these Terms, FS grants you a personal, non-transferable, non-exclusive, and revocable limited license to access and use the Site for the purpose of browsing and ordering products, solutions and/or services. FS reserves the right to revoke this license at its sole discretion upon notice to you, in which case, you will immediately stop all use of the Site.

This license grant is subject to the following restrictions:

* You may not resell or distribute any of the Site products, solutions, or services without our express written consent, or make derivatives of, or publicly display, the products, solutions, or services, or use the Marks in connection with any products;

* You may not copy the Site website design, or its aesthetic features, color schemes, visual elements, images, or the sequence and arrangement of the Site for any commercial purpose;

* You may not use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any content available on the Site;

* You may not publish, post, or upload any content on the Site in violation of these Terms or the rights of a third party, including that party's copyright or trademark rights;

* You may not falsify or delete any intellectual property or legal notice from any file or content you upload or post on the Site; or

* You may not violate these Terms or any applicable laws in connection with your access and use of the Site or purchased products, solutions, or services.

Custom Order

If, under an applicable order, you request FS to attach or display your marks on products or packaging, then (i) you represent that you have all rights necessary to provide and use such marks; (ii) you grant FS a limited, revocable, royalty-free right and license to apply such marks to the products and packaging if requested by you in an applicable order; and (iii) you agree to defend, indemnify, and hold FS harmless from any claim, suit, damages, and associated costs and expenses arising out of your use of such marks on products or packaging.

Intellectual Property Complaints

We will respond appropriately to notices of alleged intellectual property infringement. If you own intellectual property posted on the Site and believe that your intellectual property rights in that work are being infringed upon, you may provide notice to FS via email to legal@fs.com.

Personal Information

We may collect certain information, including personal information such as name and address, from you to properly operate the Site, to register your user account, to fulfill purchase orders, or to schedule service appointments, if applicable, or to enable certain features on the Site. Please review our Privacy Policy regarding our collection and use of your information. 

Price and Payment

We offer the products and solutions on the Site at published or quoted prices. These prices are subject to the following: (a) published prices are subject to change without notice; (b) shipments will be billed at the prices in effect on the date of FS’ acceptance of your order or the prices in effect on the date of the shipment; and (c) published or quoted prices may include or do not include taxes, duties, insurance, or shipping cost under the actual circumstances or policies, and you are responsible for paying any applicable tariff or import fee for customs clearance.

You agree to provide accurate billing information when you make payments for purchased products, solutions, or services. For example, your billing name and address must match the information that appears on your payment card. We reserve the right to cancel any order without advance notice to you if we suspect that you provided erroneous information or if we suspect a fraudulent transaction. We will handle any personal information you provide to us directly in accordance with our Privacy Policy .Depending on your method of payment, other third-party privacy policies may apply to the extent you provide personal data to third parties.

You may correct an order as long as the order has not entered the dispatch process by informing us promptly after you place the order. However, you may not cancel an order once we begin processing the order, or please contact us for further checking. In addition, any order containing customizations or other special accommodations cannot be changed or cancelled after we begin processing the order.

We accept the following methods of payment:

* PayPal: You will need to sign up for a PayPal user account to pay using PayPal. PayPal may also allow you to check out and make payments as a Guest. Your use of PayPal is subject to PayPal’s terms and conditions.

* Credit / Debit Card: If you select to pay via credit / debit card, the payment transaction will be handled by a third-party credit / debit card company. A transaction fee may be charged by the third party. Your payment using this method is subject to the applicable company’s terms and conditions.

* Bank Transfer: On the checkout page, FS provides bank account details for you to complete payment by bank transfer. FS, at its discretion, will check the payable amount and update the payment status regularly. You can also keep the payment receipt issued by your bank and send it to FS to confirm and update your payment status.

* Check: On the checkout page, FS provides Check payment option for you to complete payment for your order. You can make payments for an order by regular check.

Further information is available at Payment Methods.

Payments After Delivery: Net Terms

Net Terms is a specific type of trade credit that allows customers to pay after delivery. FS now offers standard Net 30 term for approved businesses (Net 15, Net 45, etc, are also available per your business requests).

You are responsible for making the full payment for such purchased products, solutions, or services within the due date specified herein or in the applicable order.If you fail to do so, FS will be entitled to charge 1% per month interest until payment is made in full.

FS will retain a Purchase Money Security Interest in any products you purchase by Net Terms. FS will be entitled to repossess such products, recover payment for the products, and at any time, require you to immediately return the products to FS.

Delivery Terms

FS will ship purchased products within a commercially reasonable period to the address specified in your order. You agree that any delivery date for products stated in the order, or otherwise in writing, is an estimate, and FS will not be liable for failure to deliver the products by that date. However, FS will make commercially reasonable efforts to ensure that your ordered products are shipped and delivered by the estimated delivery date. In order to meet the delivery date, your ordered products may be shipped in multiple packages. We may charge you additional fees if you need to change the shipping address for your order. Any delay, loss or of damage to shipped products during transportation, FS will not be responsible for that, but please inform your account manager at the first moment. We may guide you about the remedy procedures. Contact us if you have questions about your order.

Warranty; Returns; Limited Remedy

We warrant that, for the applicable warranty period for the purchased products provided in the Warranty Policy  (“Warranty Period”), new products will be free of defects in materials and workmanship and will substantially conform to the intended design of the product when used under normal conditions and in accordance with any accompanying documentation for such products. This warranty (“Standard Warranty”) applies only to new products and the Warranty Period will not be extended due to any replacement, repair, refurbishment, or modification to the products. This Standard Warranty will apply only to you as the original purchaser of the products unless you execute an agreement with FS to resell the products, in which case, the warranty terms (if any) in such agreement will apply. This warranty is subject to the following exclusions:

* Any parts supplied by, or service performed by, a third party regarding any purchased products unless such third party is authorized by FS;

* Damage to products caused by your failure to use products for the intended purpose or otherwise to comply with applicable documentation, including failure to maintain appropriate operating environment for the products or perform any required maintenance de scribed therein;

* Damage to products caused by accident, abuse, misuse, acts of God, your negligence, or other external causes; and

 Any other exclusions provided in the Warranty Policy .

Timing of Warranty Claim

You must notify FS in writing of product defects detectable at the time of inspection within 30 days following delivery of the products. If you do not notify us within that period, then the delivered products will be deemed accepted by you. Notice of product defects you detect after the 30day period but during the applicable Warranty Period must be reported to FS in writing as soon as practicable.

Limited and Exclusive Remedy

If you timely notify FS in writing of a warranty complaint and FS confirms that the defect is covered by the Standard Warranty, FS will, at its own discretion, repair or replace the defective product or refund a pro rata portion of the purchase price upon your return of the defective product within the useful life of the product. You agree that the sole and exclusive remedy for FS’ breach of the Standard Warranty will be to repair or replace the nonconforming products or provide a pro rata refund.

Customer Service: You can contact our customer service for questions or suggestions on weekdays by calling +1 (888) 468 7419 or dropping an email to  legal@fs.com.

Disclaimer of Other Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE STANDARD WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. FS DIS CLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT SUCH WARRANTIES CANNOT BE DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW, FS LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD AND THE LIMIT ED REMEDY DESCRIBED IN THIS SECTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL FS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT LOSS OR DAMAGE OF ANY KIND, HOWEVER CAUSED. IN NO EVENT WILL FS BE LIABLE FOR ANY SUM GREATER THAN THE PURCHASE PRICE RECEIVED BY FS FOR THE RELEVANT PRODUCT(S). FS WILL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST YOU AND / OR THIRD-PARTY CLAIMS AGAINST FS, EVEN IF SUCH CLAIMS ARE IN CONNECTION WITH THE PRODUCTS, SOLUTIONS, OR DELIVERABLES DELIVERED HEREUNDER.

Site Access

The Site will be available for access to the general public. However, we do not guarantee that the Site will be accessible at all times with out interruption. Your access to the Site may be temporarily suspended due to system errors, maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to or use of the Site at our sole discretion and without prior notice to you if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to or use of the Site.

Indemnification

You agree to indemnify, defend, and hold FS, its officers, directors, employees, agents, licensors, affiliates, and suppliers harmless from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from (a) your infringement of any third-party's rights, including intellectual property rights, or (b) your violation of these Terms or any activity related to use of the Site by any party on your behalf.

Third-Party Links

The Site may provide links and information, content, and services offered by, or maintained by, third parties. If you decide to access or use any third-party materials or websites, you do so exclusively at your own risk and you waive and release FS from all claims associated with them. Your use of such third-party sites is subject to each website’s privacy policy, conditions of use, and other terms. You are solely responsible for reading and complying with them.

Communications and Feedback

We welcome your feedback and comments on the Site. You acknowledge that in your communications with us, unless we specifically state so, we do not solicit or desire to receive any confidential, secret, or proprietary information from you. You agree that any suggestions, comments, content, feedback, or ideas (“Your Content”) you submit to us relating to our products, solutions, or services will be treated as non-confidential and we will not assume any responsibility, obligation, or liability for such information.

By submitting or sending Your Content to FS, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to reproduce, distribute, publish, modify, publicly perform, prepare derivative works based upon, and otherwise use or exploit, Your Content. You represent and warrant that you have the right to make the foregoing grant and that Your Content is accurate and does not infringe any right of any third party.

Export and Import Licenses

Products and technical know-how supplied by FS are intended for use and to remain in the country of delivery in the order. If you pur chase products from FS for resale, you agree that if you intend to export such products, you may be required to obtain appropriate licenses and you will be subject to the trade laws and regulations of the applicable country of delivery. You are responsible for obtaining any necessary license(s) from the appropriate foreign trade authorities before exporting purchased products. You agree and acknowledge that FS has no liability whatsoever for your export of such products.

General

These Terms are provided in English and will be interpreted in English. These Terms, together with all referenced FS policies herein and the terms of any custom or special order between you and FS, constitute the entire agreement (“Agreement”) between you and FS concerning your use of the Site and purchase of products, solutions, or services. This Agreement supersedes any prior agreements between you and FS regarding your use of the Site or purchase of FS products, solutions, or services. These Terms and this Agreement will be subject to the laws of the State of Delaware, without giving effect to its principles on conflict of laws.

Contact Us

If you have any questions or comments about these Terms, please contact us at us@fs.com.

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